How to Respond to Discovery Requests

Discovery is the pre-trial phase in which both sides exchange information relevant to the case. The goal is to eliminate surprises at trial — each party has the right to know what evidence and witnesses the other side intends to use.

Discovery is governed by court rules (the Federal Rules of Civil Procedure in federal court, and each state's equivalent rules in state court). As a pro se litigant, you have the same obligations and rights as any attorney. The court will not excuse missed deadlines because you are self-represented.

Interrogatories are written questions served by the opposing party. In federal court they are governed by Rule 33 of the Federal Rules of Civil Procedure (often written FRCP 33). You must answer each question in writing, under oath, and serve your responses within 30 days of being served (Rule 33(b)(2)). Rule 33(a)(1) caps them at 25 interrogatories including all discrete subparts unless the parties stipulate otherwise or the court orders it; state court limits vary.

Each answer should be complete and accurate. You are signing under penalty of perjury — if you later change your answer at trial, opposing counsel will use the inconsistency against you. If a question is confusing, object to its vagueness and answer it to the extent you understand it.

Contention interrogatories are the ones that ask what you claim, or why. Questions like “state every fact supporting your allegation that the contract was breached” feel improper, and they are not. Rule 33(a)(2) says an interrogatory is not objectionable merely because it asks for an opinion or contention relating to fact, or to the application of law to fact. A pure question of law is a different matter, but a contention grounded in facts generally has to be answered. Courts do sometimes permit deferring an answer until discovery is further along.

Some litigants state objections first and then answer “subject to and without waiving the foregoing objections”; whether a particular objection applies depends on your jurisdiction's rules. Courts may treat objection-only responses that provide no answer as grounds for a motion to compel.

The format card above shows the shape of an answer. These three examples show complete responses on invented facts: a straightforward answer, a contention interrogatory answered with numbered facts, and an objection followed by a partial answer. The case is a fictional dispute over a withheld security deposit, and nothing here is drafted for any real matter.

Notice what the three have in common. Each restates the question, so the answer reads on its own. Each answer that relies on a document names it by its production number, which is what makes the answer usable at a deposition or at trial. And the objection in Example 3 says why it applies to that question, then answers the part that is fair game. Rule 33(b)(4) requires objections to be stated “with specificity,” and any ground not raised in a timely objection is waived unless the court excuses the failure for good cause. A bare “Objection: overbroad” with no explanation is the kind courts most often treat as no objection at all.

Sample objections to interrogatories

Each card gives the ground, when it fits, and wording that can be adapted. Every objection still has to be tied to the specific question, and an objection is not a substitute for answering the parts of a question that are proper.

Signing the answers

Interrogatory answers are made under oath (Rule 33(b)(3)), and the person who makes them signs them; objections are signed by the attorney, or by the party when there is no attorney (Rule 33(b)(5)). In federal court an unsworn declaration under penalty of perjury satisfies the oath requirement under 28 U.S.C. § 1746, so no notary is needed. A verification block like this one goes at the end of the answers, above the certificate of service:

State courts have their own verification forms, and some still require a notarized signature, so the state's rules of civil procedure and the court's local rules are the place to confirm the wording before serving.

A Request for Production (RFP) asks you to produce documents, photographs, emails, text messages, financial records, or other tangible evidence. In federal court these fall under Rule 34, and the response is due within 30 days of service (Rule 34(b)(2)(A)). You must respond with a written statement for each request — either agreeing to produce the documents, objecting, or stating that no responsive documents exist.

Produce documents as they are kept in the ordinary course of business, or organize and label them to correspond to each request. Do not cherry-pick favorable documents and withhold unfavorable ones — that can result in sanctions or adverse inference instructions at trial.

Requests for Admission (RFAs) ask you to admit or deny specific statements of fact or law. In federal court they are governed by Rule 36. They are designed to narrow the issues for trial by establishing undisputed facts in advance. Each statement must be answered with admit, deny, or a qualified response — you cannot simply ignore them. Rule 36(a)(3) is the one that bites: a request is automatically admitted unless you serve a written answer or objection within 30 days.

When you cannot truthfully admit or deny a request, you may qualify your response. For example: “Responding party lacks sufficient information or knowledge to admit or deny this request, and on that basis denies it.” You must make a reasonable inquiry before using this response — you cannot simply claim ignorance to avoid answering.

Discovery involves managing large volumes of documents, tracking multiple simultaneous deadlines, and drafting legally precise responses. Prosei AI helps you handle each of these challenges without requiring a law degree.

Upload the discovery requests you received and Prosei AI will help you understand what is being asked, identify which documents are potentially responsive, flag potential objections, and track your response deadlines so you never miss a critical date.

Prosei AI can also help you draft discovery requests to send to the opposing party, research the procedural rules for your specific court, and prepare motions to compel if the other side fails to respond.